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2018 Georgia Code 13-11-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 13-11-4 Case Law from Google Scholar Amendments to OCGA 13-11-4

TITLE 13 CONTRACTS

Section 11. Prompt Payment, 13-11-1 through 13-11-11.

ARTICLE 3 SECURITY AND IMMIGRATION COMPLIANCE

13-11-4. Time limits for payments to contractors and subcontractors.

  1. When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner or the owner's representative of any payment request based upon work completed or service provided under the contract.
  2. When a subcontractor has performed in accordance with the provisions of its subcontract and the subcontract conditions precedent to payment have been satisfied, the contractor shall pay to that subcontractor and each subcontractor shall pay to its subcontractor, within ten days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor's work and materials based on work completed or service provided under the subcontract, provided that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond.

(Code 1981, §13-11-4, enacted by Ga. L. 1994, p. 1398, § 1.)

JUDICIAL DECISIONS

Attorney's fees denied.

- Denial of the city's motion for summary judgment as to the contractor's claim for attorney fees under the Georgia Prompt Pay Act, O.C.G.A. §§ 13-11-4,13-11-7(a), and13-11-8, was affirmed because the parties' agreement did not address attorney fees and did not bar any valid claim for attorney fees under the Georgia Prompt Payment Act, O.C.G.A. § 13-11-1 et seq. City of Atlanta v. Hogan Constr. Group, LLC, 341 Ga. App. 620, 801 S.E.2d 606 (2017).

Provision in agreement superseded act.

- Denial of summary judgment to a city on a contractor's claims for prompt payment and interest under the Georgia Prompt Payment Act, O.C.G.A. § 13-11-1 et seq., was reversed because the parties' agreement as to the progress of payments explicitly set forth that it superseded the Georgia Prompt Payment Act and any modifications or successors to it. City of Atlanta v. Hogan Constr. Group, LLC, 341 Ga. App. 620, 801 S.E.2d 606 (2017).

Award of interest denied.

- Trial court did not err by granting summary judgment to the Georgia Department of Transportation as to the sureties' claim for interest and attorney fees because the sureties were not the prevailing party, and the record showed that no payment was made late entitling it to interest on any late payment. Western Sur. Co. v. DOT, 326 Ga. App. 671, 757 S.E.2d 272 (2014).

No results found for Georgia Code 13-11-4.